Articles Posted in Criminal Law and Justice

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
August 16-20, 2010.

United States First Circuit, 08/17/2010
US v. Donath
Defendant’s appeal of his conviction for his participation in a conspiracy to distribute cocaine and other drugs and a below-guidelines sentence of 90-months’ imprisonment is dismissed as defendant’s waiver of his right to appeal his plea or sentence if it did not exceed 120 months as part of his plea agreement is enforceable and his argument that district court’s error in calculating his sentence by mischaracterizing his prior crimes constituted a miscarriage of justice is meritless.

United States First Circuit, 08/17/2010
Grant v. Warden, Maine State Prison
District court’s denial of defendant’s request for habeas relief from his murder conviction of his mother-in-law is affirmed where: 1) the Maine Supreme Judicial Court’s (SJC) application of the general standard announced in Mosley to the particular facts of defendant’s case falls within the broad limits of reasonableness; and 2) regardless of whether the SJC described its analysis as a “totality of the circumstances” test or a four-factor test, its conclusion was not an unreasonable application of Mosley.

United States Second Circuit, 08/16/2010
Friedman v. Rehal
In a sexual abuse prosecution, the denial of petitioner’s habeas petition is affirmed where: 1) the fact that hypnosis may have been used to stimulate alleged victims’ memory recall and potentially induce false memories of abuse was a circumstance that would fit comfortably under the general understanding of impeachment evidence — evidence that “is offered to discredit a witness . . . to reduce the effectiveness of [her] testimony by bringing forth evidence which explains why the jury should not put faith in [her] or [her] testimony”; and 2) even if hypnosis evidence comes within Brady’s broader definition of exculpatory evidence, the petition would still have to be denied Continue reading

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
August 2-6, 2010.

United States Second Circuit, 08/02/2010
US v. Johnson
Defendant’s sentence for being a felon in possession of a firearm is affirmed where a violation of Connecticut General Statute section 53a-179b (Rioting at a correctional institution) qualified as a “violent felony” under the Armed Career Criminal Act.

United States Second Circuit, 08/02/2010
Scott v. Fischer
In an action claiming that defendants deprived plaintiff of liberty without due process of law both by placing her on mandatory post-release supervision without a proper judicial sentence and by failing to take action to remove the supervision before or after she was rearrested for violating the terms thereof, dismissal of the action is affirmed where defendants were entitled to qualified immunity for all actions they took prior to the Second Circuit’s decision in Earley v. Murray, 451 F.3d 71 (2d Cir. 2006), and further, plaintiff has not pleaded sufficient facts to state a claim upon which relief can be granted for any actions the defendants took thereafter. ..

United States Second Circuit, 08/03/2010
US v. Broxmeyer
Defendant’s convictions for production of child pornography and for transportation of a minor across state lines with the intent to engage in criminal sexual activity are reversed where: 1) the prosecution failed to prove beyond a reasonable doubt that defendant persuaded, induced, or enticed the victim to take Photos 1 and 2; and 2) an 18 U.S.C. section 2423(a) conviction cannot lie where the unlawful sexual act occurs before the crossing of state lines, and where there is no evidence of an intent to commit a sexual act when state lines were crossed.
Continue reading

June 29, 2010

RECENT DECISION

Defendant involved in fraud scheme claims that investigators were overzealous in their search

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
June 21-25, 2010.

U.S. Supreme Court, June 21, 2010 Holder v. Humanitarian Law Project, No. 08–1498 In a constitutional challenge to 18 U.S.C. section 2339B(a)(1), which prohibited knowingly providing material support or resources to a foreign terrorist organization, the Ninth Circuit’s affirmance of partial judgment for plaintiffs is reversed in part where the material support statute was constitutional as applied to the particular forms of support that plaintiffs sought to provide to foreign terrorist organizations. .

U.S. Supreme Court, June 24, 2010 Skilling v. US, No. 08–1394 The Fifth Circuit’s affirmance of defendant Jeffrey Skilling’s honest-services fraud conviction is affirmed in part where pretrial publicity and community prejudice did not prevent Skilling from obtaining a fair trial, and he did not establish that a presumption of juror prejudice arose or that actual bias infected the jury that tried him. However, the judgment is vacated in part where 18 U.S.C. section 1346, which proscribes fraudulent deprivations of “the intangible right of honest services,” was properly confined to cover only bribery and kickback schemes, and Skilling’s alleged misconduct entailed no bribe or kickback. .

U.S. Supreme Court, June 24, 2010 Black v. US, No. 08–876 The Seventh Circuit’s affirmance of defendants’ honest-services mail fraud convictions is vacated where: 1) per the ruling today in Skilling v. US, the honest-services component of the federal mail-fraud statute, 18 U.S.C. section 1346, criminalizes only schemes to defraud that involved bribes or kickbacks, and that holding renders the honest-services instructions given in this case incorrect; and 2) by properly objecting to the honest-services jury instructions at trial, defendants secured their right to challenge those instructions on appeal, and they did not forfeit that right by declining to acquiesce in the government-proposed special-verdict forms. Read more…
Continue reading

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
June 14 – 18, 2010.

U.S. Supreme Court, June 14, 2010 Dolan v. US, No. 09–367 In a prosecution for assault resulting in serious bodily injury, the Tenth Circuit’s affirmance of the district court’s untimely restitution order is affirmed where a sentencing court that misses the 90-day deadline nonetheless retains the power to order restitution, at least where, as here, that court made clear prior to the deadline’s expiration that it would order restitution, leaving open (for more than 90 days) only the amount.

U.S. Supreme Court, June 14, 2010 Holland v. Fla., No. 09–5327 In a capital habeas matter, the Eleventh Circuit’s affirmance of the denial of petitioner’s habeas petition is reversed and remanded where: 1) 28 U.S.C. section 2244(d), the AEDPA statute of limitations, is subject to equitable tolling in appropriate cases, and the per se standard employed by the Eleventh Circuit was too rigid; and 2) the district court incorrectly rested its ruling not on a lack of extraordinary circumstances (which may well be present), but on a lack of diligence. .

U.S. Supreme Court, June 14, 2010 Carachuri-Rosendo v. Holder, No. 09–60 The Fifth Circuit’s denial of petitioner’s petition for review of the BIA’s order holding that petitioner was not eligible for cancellation of removal is reversed where second or subsequent simple possession offenses are not aggravated felonies under 8 U.S.C. section 1101(a)(43) when, as in this case, the state conviction was not based on the fact of a prior conviction Continue reading